90 FR 39320 — Miscellaneous Corrections, Clarifications, and Improvements PBGCFinal Rules (FR)Aug 15, 2025
…arity of its rules and on statutory changes to the Employee Retirement Income Security Act of 1974 (ERISA). PBGC's legal authority for this rulemaking comes from section 4002(b)(3) of ERISA which authorizes PBGC to issue regulations to carry out the purposes of title IV of ERISA. It also comes from section 4006 of ERIS…
90 FR 6894 — Miscellaneous Corrections, Clarifications, and Improvements PBGCProposed Rules (FR)Proposed Jan 21, 2025
…printed page 6895)
and on statutory changes to the Employee Retirement Income Security Act of 1974 (ERISA). Legal authority for this action comes from section 4002(b)(3) of ERISA which authorizes PBGC to issue regulations to carry out the purposes of title IV of ERISA. It also comes from section 4006 of ERISA (Premium …
81 FR 36229 — Mergers and Transfers Between Multiemployer Plans PBGCProposed Rules (FR)Proposed Jun 6, 2016
) of ERISA under certain conditions. The Department of the Treasury (Treasury) has interpretative jurisdiction over the subject matter in section 305. Sections 121 and 122 of MPRA provide PBGC with new statutory authority to assist critical and declining status plans under certain conditions. Section 121 of MPRA, which…
81 FR 75316 — Excepted Benefits; Lifetime and Annual Limits; and Short-Term, Limited-Duration Insurance IRCFinal Rules (FR)Oct 31, 2016
…
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9.
The term “group health plan” is used in title XXVII of the PHS Act, part 7 of ERISA, and Chapter 100 of the Code, and is distinct from the term “health plan,” as used in other provisions of title I of the Affordable Care Act. The term “health plan” as used in other provisions of title I of the Aff…
I.R.C. § 72(n) — Annuities; certain proceeds of endowment and life insurance contracts IRCCode / StatuteJan 6, 2025
…ll such amounts shall be excluded from gross income until there has been so excluded (under section 122(b)(1) or this section, including amounts excluded before January 1, 1966) an amount equal to the consideration for the contract (as defined by section 122(b)(2)), plus any amount treated pursuant to section 101(b)(2)…
ERISACode / StatuteJan 6, 2025related by meaning
(37)(G)(vii) (vii) For purposes of this chapter and title 26, a plan making an election under this subparagraph shall be treated as maintained pursuant to a collective bargaining agreement if a collective bargaining agreement, expressly or otherwise, provides for or permits employer contributions to the plan by one or …
ERISADOL Technical ReleasesJun 17, 2026related by meaning
…e whole law, and to its object and policy” in deciding what type of benefit programs are covered by ERISA). ↩ See FAB 2004-01 (April 7, 2004) and FAB 2006-02 (October 27, 2006) which came to similar conclusions regarding employers’ involvement with Health Savings Accounts. ↩
29 C.F.R. 2510.3-2(d)(1)(iii). ↩
See Interpr…
PBGCCode / StatuteJan 6, 2017related by meaning
(f)(5) (5) The liability of the party furnishing a bond or escrow under this subsection shall be reduced, upon the payment of the bond or escrow to the plan, by the amount thereof.
PBGCCode / StatuteJan 6, 2025related by meaning
When an employer withdraws from a multiemployer plan, the plan sponsor, in accordance with this part, shall—
(1) (1) determine the amount of the employer's withdrawal liability,
(2) (2) notify the employer of the amount of the withdrawal liability, and
(3) (3) collect the amount of the withdrawal liability from the emp…
T.C. Memo. 2022-9 — Hoops, LP, Heisley Member, Inc, Tax Matters Partner v. Commissioner IRCCourt RulingsFeb 23, 2022
…ce Co. v. Helvering ,
292 U.S. 435, 440 (1934). The submission of this case to the Court under Rule 122 does not
change or otherwise lessen petitioner’s burden of proof. See Rule 122(b).
Under section 7491(a), the burden of proof may shift to respondent if
petitioner produces credible evidence with respect to any relev…
PBGCCode / StatuteJan 4, 1995related by meaning
A multiemployer plan may adopt rules providing for other terms and conditions for the satisfaction of an employer's withdrawal liability if such rules are consistent with this chapter and with such regulations as may be prescribed by the corporation.
IRCCourt RulingsOct 29, 2020
says that petitioners' AGI, which they reported as $122,948, must
be reduced by the $11,753 that petitioners reported as the taxable portion of their Social Security benefits for the year at issue. Second, he says that petitioners' AGI
must be increased by the $26,877 passive rental real estate loss that they reported…
IRCCourt RulingsJan 26, 2012
…th the
inclusion of the omitted Virginia State income tax refund of $1,012, their total
income was $122,268. After reductions for the $122 penalty paid and the $6,000
for alimony paid, petitioners' modified AGI was $116,146.4 Consequently,
because petitioners' modified AGI exceeds the phaseout ceiling of $105,000,
peti…
IRCCourt RulingsJun 4, 1984related by meaning
recognition that various provisions of ERISA were enacted in large part to replace the plan disqualification sanction with other pecuniary sanctions. In ERISA, Congress reacted to perceived abuses in the administration of employee benefit plans by establishing new and stricter standards of fiduciary responsibility, by…
81 FR 92639 — Savings Arrangements Established by Qualified State Political Subdivisions for Non-Governmental Employees ERISAFinal Rules (FR)Dec 20, 2016related by meaning
…etirement Savings Board Act, Ch. 557 (H.B. 2960) (2015).
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2. 29 U.S.C. 1002(2)(A). ERISA's Title I provisions “shall apply to any employee benefit plan if it is established or maintained . . . by any employer engaged in commerce or in any industry or activity affecting commerce . . . .” 29 U.S.C. 1003(…
PBGCCode / StatuteJan 4, 1995related by meaning
(a) (a) Persons entitled to maintain actions
(a)(1) (1) A plan fiduciary, employer, plan participant, or beneficiary, who is adversely affected by the act or omission of any party under this subtitle with respect to a multiemployer plan, or an employee organization which represents such a plan participant or beneficiar…
IRCCourt RulingsApr 3, 2018
…ction 72(d). Therefore,
respondent contends that petitioner is entitled to a yearly exclusion of $4,122
($343.51 × 12 = $4,122.12). Consequently, respondent argues, petitioner must
include in gross income $27,850 of the $31,973 distributions from CalPERS.4
Petitioner counters that under the simplified method it would t…
IRCCourt RulingsJul 10, 2017
…a); Welch v. Helvering, 290
U.S. 111, 115 (1933). That the parties submitted these cases under Rule 122 does
not affect who has the burden of proof or the effect of a failure of proof. See Rule
122(b); Borchers v. Commissioner, 95 T.C. 82, 91 (1990), M, 943 F.2d 22 (8th
Cir. 1991).
- 9 -
[*9] Section 72(t)(1) provides:…
IRCCourt RulingsMay 8, 2017
…e that "[t]he burden of proof
shall be upon the petitioner". The submission of this case under Rule 122 does not
change or otherwise lessen petitioners' burden of proof. See Rule 122(b); Weaver
v. Commissioner, 121 T.C. 273, 275 (2003). Under section 7491(a) if the taxpayer
introduces credible evidence with respect to …
75 FR 9334 — Multiemployer Pension Plan Information Made Available on Request ERISAFinal Rules (FR)Mar 2, 2010related by meaning
…ocedures relating to the assessment of civil penalties by the Department under section 502(c)(4) of ERISA. See 74 FR 17.
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3.
72 FR 52527.
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4.
The Department further notes that section 101(k) of ERISA and section 502(a)(3) of the PPA expressly grant the Department the authority to presc…